Legal Opinion

In re the Transfer Tax Upon the Estate of Wood

New York Surrogate's Court

Decided February 15, 1903Published

Appeal from an order- assessing and fixing the transfer tax. Henry H. Bowman and Joseph P. Nolan, for appellants and respondent executor; Edward H. Fallows, for State Comptroller.

1Opinion of the Court

Thomas, S.

The first clause of the decedent’s will is, in part, as follows: “ I hereby direct my- executor hereinafter named to *467withdraw one-half of each of the claims and demands which have been presented by me, or on my behalf, to the executrix of the will of my deceased brother, Benjamin Wise, and not to collect any more than one-half of the same from said executrix, and I hereby forgive one-half of said claims and demands against my said brother’s estate.”

The claims referred to were two promissory notes made by the said brother, and the above provision must be regarded as a bequest. To…

2Cases cited2 opinions

  1. Davis v. . CrandallNew York Court of Appeals · 1886
  2. Morgan v. WarnerAppellate Division of the Supreme Court of the State of New York · 1899

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